Mother sues Port Hueneme police for fatally shooting her son

The mother of a man killed last year by a Port Hueneme police officer has filed a federal wrongful death lawsuit, alleging authorities reacted improperly when they fatally shot her unarmed son and left him for dead.

Eileen Ramirez of Oxnard claims police acted negligently in the death of Jose Luis Ramirez, 18, who was shot in the head, a lung and a pinkie finger on Nov. 19, 2011 in the 900 block of Redwood Street in Oxnard. Ramirez died five days later at the Ventura County Medical Center of a gunshot wound to the head, officials said.

The suit was filed last month in U.S. District Court against the cities of Port Hueneme and Oxnard, the Port Hueneme and Oxnard police departments and the officers involved. Eileen Ramirez is seeking unspecified damages. The suit claims Ramirez's civil rights were violated and accuses officers of using excessive force and of acting with deliberate indifference to his medical needs. It also claims the departments were negligent in their hiring and training standards.

The fatal shooting occurred about 10 p.m. in an area near the edge of Port Hueneme, when an officer in an unmarked vehicle made a traffic stop on a stolen vehicle driven by Ramirez, according to court documents and Port Hueneme police.

Ramirez initially pulled over, then reversed toward the officer. The officer got out of the way and fired his weapon in self-defense, police said. Ramirez then drove into the officer's vehicle, authorities said. The officer was not injured.

The officer never turned on his lights or waved a badge to prove his identity, said Daniel Rafii, the family's attorney.

Additionally, the officer blocked Ramirez's vehicle with his own, which appears to be outside the normal course of conduct, Rafii said. And Ramirez had both hands on the steering wheel.

"There has to be some threat to an officer's life to justify the use of deadly force," Rafii said. "A car that is in park and attempts to reverse ... doesn't justify the use of such deadly force by the officers here."

After Ramirez was shot, officers showed disregard for his life by failing to immediately seek medical attention for him, Rafii said.

The department has not released the name of the officer involved in the shooting over concerns for his safety. Port Hueneme Police Chief Kathleen Sheehan told The Star last December the officer's life had been threatened by "an individual known to have gang affiliations." Police have said Ramirez was a suspected gang member.

After being placed on paid administrative leave for a brief time after the shooting, the officer returned to work.

The Ventura County District Attorney's Office, which is investigating the shooting, has not issued a public report on the case.

"We don't to anything internal until the district attorney does its investigation," said Port Hueneme Police Lt. Robert Gager, who was put in charge of the department after Sheehan was put on paid administrative leave Nov. 26. "We're just awaiting the finalization of the district attorney's report."

The department then will determine whether its policies and procedures were followed, Gager said.

Ramirez had been in trouble with the law before, having been convicted on charges including felony auto theft and possession of a deadly weapon in 2011, court records show.

This is the latest police incident to be challenged in Ventura County. The Oxnard Police Department is investigating two cases involving its officers. In June, 26-year-old Robert Ramirez died in police custody while reportedly overdosing on methamphetamine. His family has alleged police beat him before he died.

In October, police fatally shot Alfonso Limon Jr., a 21-year-old, after mistaking him for a suspect who had been firing at officers, police say.